In situations where the child is in any kind of a risky situation or there is any sort of abuse then there might be a need to have emergency guardianship. This legal allowance in Oklahoma allows a legally responsible individual to act on behalf of a minor, especially when the parents are either unwilling or incapable of making the right decisions generally in cases where some emergent action is needed. It is important for anybody to have some information about the rationale for emergency guardianship as well as the procedure required type of issue if one is ever confronted with such a difficult circumstance.

What Is Emergency Guardianship?

Emergency guardianship refers to a temporary appointment of an individual who knows the minor, or is on friendly terms with the child’s parents or guardian as the legal guardian of the child. Emergency guardianship is used mostly in the cases where the child is in danger and the standard procedure cannot be used. The overall function of the guardian is to protect the interests of a child and ensure that he/she receives appropriate care in the time of risks.

When Is Emergency Guardianship Necessary?

Emergency guardianship is a rare phenomenon in the court since this type of the guardianship can be applied only in the case when the child may have some kind of danger in the present day life. Some common scenarios where emergency guardianship might be necessary include:

Abuse or Neglect: 

In cases where for instance a child is being abused or not provided with basic needs by his or her parents or guardians, and an order is made that the child resides with parent/legal guardian then one can make an application for emergency guardianship, where the child can be taken with whoever is caring for him or her.

Incarceration or Incapacitation of Parents: 

For instance, if a child is abused or neglected by parents/ guardians and an order for legal custody is sought then one can apply for an emergency guardianship where in the child can go with whoever provided care to them.

Substance Abuse: 

For Those times where the parent or adult that has the guardianship of a child is into substance abuse and can longer adequately provide for or care for a child,, then emergency guardianship provides the child with standards and safety.

Abandonment: 

Whenever a child is disregarded, or a parent or a guardian has abandoned him or her, emergency guardianship can be granted to safeguard their welfare.

Legal Process for Emergency Guardianship

Emergency guardianship Oklahoma State is a legal process, which entails a careful adherence to the provisions of the law. Here’s an overview of the steps involved:

Filing a Petition: The first procedure in the process of receiving the emergency guardianship is putting a petition for it to the corresponding court. The lawyer must ensure that the petition avails the grounds why emergency guardianship is needed and where possible any evidence of the child’s present danger of harm.

Providing Notice: At times the court may expect the notice of the petition to be given to the parents of the child or the current guardian. However, in situations where giving the notice would put the child in more danger, the court may dispense with it.

Court Hearing: A proceeding for the purpose of hearing of the petition will then be set. At this hearing the petitioner must provide with the necessary substantiation to warrant an emergency guardianship order. This may be presented by the child himself or through any person who can give evidence or any. document or any other supporting material that may evidence that the child requires protection urgently.

Issuance of Guardianship Order: In the event that the court will ascertain that there is an exception to obtain an emergency guardianship, the court will then act to grant an order for temporary guardianship. This order allows the petitioner to have the legal responsibility in making decisions for the child for some time, normally until other arrangement is made.

Review and Finalization: Emergency guardianship is often in a short time, or for a limited time only. The court will in most cases set a review date of the situation and consider whether the guardianship should be continued, changed or terminated..

Conclusion

Emergency guardianship is usually required in a short period or for a limited period only. The court will in most cases fix a date when the situation will be reviewed and decide on whether to continue on with the guardianship, alter it or bring it to an end.